The URL can be used to link to this page

Home My WebLink AboutRes2009-021 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009 -21 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A VARIANCE FROM SEWARD CITY CODE 15.10.220 DEVELOPMENT REQUIREMENTS TO ALLOW TIIE ANNUAL TEMPORARY PLACEMENT OF A MEMBRANE STRUCTURE WITHIN THE 5 FOOT WEST SETBACK, FROM OCTOBER 15 THROUGH APRIL 15 ON LOT 1A, BLOCK 1, MARINA SUBDIVISION, 1301 FOURTH AVENUE, WITHIN THE HARBOR COMMERCIAL ZONING DISTRICT WHEREAS, Mark Clemens, owner of Bay Traders, Inc. has applied to the Seward Planning and Zoning Commission for a zoning variance from Seward City Code (SCC)§ 15.10.220 DEVELOPMENT REQUIREMENTS, to allow the annual 6 month placement of a membrane structure within the 5 foot West side setback on Lot 1 A, Block 1, Marina Subdivision; and WHEREAS, the applicant is requesting the variance to allow the annual placement of a membrane structure within the 5 foot West side setback to allow winter storage and maintenance of his charter vessels; and -- WHEREAS, the applicant has stated the enclosed area would only be use for the private parking/storage and maintenance of the Bay Traders vessels, no renting or leasing of the space would occur; and WHEREAS, as required by Seward City Code § 15.01.040, Public Hearings, property owners and lease holders within 300 feet of the requested variance parcel were notified of the proposed action, and the property was posted with public notice signage. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC§ 15.10.325.D, the Commission shall establish a finding that all of the following conditions have been found to exist prior to issuing a variance permit: 1. The proposed action must be consistent with all of the general conditions required for a conditional use permit. The project is consistent with all of the conditional use permit requirements as follows: A. The use is consistent with the purpose of this chapter and the purposes of the zoning district. Finding: This condition has been met. The purpose of the Zoning Code is to ""- promote public health, safety and general welfare by providing for planning and land use regulations within the city. The property is zoned Harbor Commercial. According to Seward Planning and Zoning Commission Resolution 2009 -21 Page 2 of Q the Zoning Code, Land Uses Allowed Table, Boat, repair & maintenance, and Boat, storage commercial are allowed as outright uses within the Harbor Commercial District. Parking is allowed within the setback. B. The value of adjoining property will not be significantly impaired. Finding: There is no indication that the proposed use of the 5 foot West setback would significantly impair the value of adjoining property. The requested use period of the setback would run from October 15 through April 15 and would make minimal impact during these winter months. No portion of the membrane structure will remain in place during the summer tourist season, April 16` through October 14` The property abutting the West side setback is used as the Breeze Inn parking lot. During the winter months the south end of this parking lot receives minimal use. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: This condition has been met. The existing use of the property as a commercial business is supported within the Comprehensive Plan and the Small Boat Harbor Plan. The use of the 5 -foot west side setback for parking/storage and maintenance of the vessels owned by Bay Traders would support this business. D. Public Services and facilities are adequate to serve the proposed site. Finding: This condition has been met. Adequate water, sewer, and power are available to the property, as well as adequate police, fire and solid waste disposal services. However the enjoyment of this variance would not require any change or increase to the use of public water, sewer or power utilities. The public works director has stated there are no issues for the water, sewer or public streets department. The electric department has stated the minimal distance requirements from existing utility poles in the area and those distances can be met. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: There is no indication that the proposed use of the 5 foot West setback will be harmful to the public safety, health or welfare. Fire Chief Dave Squires has submitted comments and worked with the applicant to assure life safety issues will be met. The annual temporary use of the 5 foot setback will allow adequate space between the existing structure and the proposed membrane structure. The applicant is required to obtain a membrane structure permit and inspection each year before placement of the structure. F. Any and all specific conditions deemed necessary by the commission to fulfill the above - mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects to the proposed use. Seward Planning and Zoning Commission Resolution 2009 -21 Page 3 of 9 1. This variance shall allow the annual 6 month placement of a membrane structure within the 5 foot west side setback on Lot I A, Block 1, Marina Subdivision between October 15` and April 15 only. The complete structure shall be removed between April 16` and October 14` 2. The applicant shall obtain a membranc structure permit each year before placement of the membrane structure on the property. 3. The area between the west exits of the main structure and the membrane structure must remain clear of all storage and snow all the way to the end of the building, allowing for safe and adequate emergency exit at all times. 4. No storage of any type shall be allowed under the stairway from the fire department connection (PDC) to the south end of the building. 5. No storage is allowed within the membrane structure other than what is being used for the boat maintenance. 6. The applicant shall maintain the membrane structure in good condition and complete repairs promptly. 7. The applicant shall obtain all necessary Federal, State and local permits required for the vessel maintenance work. 2. Special conditions and circumstances exist which are peculiar to the land or structures involved and which are not applicable to other lands and structures in the same district. Finding: This condition has been partially met. The open area on the West side of the existing structure allows plenty of area for parking of the applicants vessels however the inclement weather conditions of Seward's winter months have proven that maintenance cannot be accomplished without some protection from the elements. The applicant is requesting the use of the 5 foot west setback to provide enough area to cover the vessels so that maintenance can occur during the inclement weather of our winter months. 3. The special conditions and circumstances were not caused by actions of the applicant. Finding: This condition has been met. The special conditions and circumstances of inclement weather are naturally occurring condition and not created by the applicant. 4. Financial hardship or inconvenience shall not be a reason for granting a variance. Finding: This condition has been met. The inclement weather is a naturally occurring condition. No financial gain or loss has been considered in this review. 5. Other nonconforming land uses or structures within the district shall not be considered as grounds for granting a variance. Finding: This condition has been met. No nonconforming structures or uses were considered in this review. 6. The requested variance is the minimum variance necessary to permit the reasonable use of the property. Seward Planning and Zoning Commission Resolution 2009 -21 Page 4 of 4 \... Finding: This condition has been met. The applicant is requesting a variance to use the 5 foot west setback only during the winter months from October 15' through April 15` No portion of the membrane structure will remain after each use. 7. The requested variance will not permit a land use in a district where the use is prohibited. Finding: This condition has been met. The property is zoned Harbor Commercial. The use of the property for boat storage and repair is allowed as an outright use in the Harbor Commercial District. Areas of the Harbor Commercial District have varying set -back requirement based on where in the Small Boat I Iarbor the parcel is located. Section 2. The commission finds the need for this variance is directly related to the applicant's business operations on land leased by the City, and therefore this variance will terminate upon termination of the existing lease with the city, or any extension thereof. Section 3. The Planning and Zoning Commission finds that the request meets the review criteria required for granting a variance, and hereby approves the request for a variance from Seward City Code (SCC)§ 15.10.220 DEVELOPMENT REQUIREMENTS, to allow the annual 6 month placement of a membrane structure within the 5 foot west side setback on Lot I A, Block 1, Marina Subdivision subject to the conditions required in Section 1, Subsection F. — Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8` day of October 2009. THE CITY OF SEWARD, ALASKA i . 1 Sandie Roach', Chair AYES: Stauffer, Heinrich, Morgan, Roach' NOES: None ' , , ea. neeee e ,, , , ABSENT: McClure, Ecklund e � 0`,�0 4 �� , ;g f R #.9 ABSTAIN: None .7 d� ; °+�'" �, 4„ 0" VACANT: One : ne s; ~ , ATTEST: 6 Jear CMC City■)Clcrk